ORDER

This misc. petition has been filed by the petitioners challenging the order dated 13.06.2019 (Annexure P/9) passed by Board of Revenue, Gwalior arising out of order dtd. 31.08.2018 (Annexure P/6) passed by Commissioner, Narmadapuram Division, Hoshangabad, which arose out of order dtd.19.02.2018 (Annexure P/4) passed by SDO arising out of order dtd.25.08.2017 (Annexure P/2) passed by Tahsildar Bankhedi, Distt.

Hoshangabad.

2. Vide order dtd. 25.08.2017 learned Tahsildar ordered for mutation of the name of all the successors of Chhotibai and refused to mutate the name of present petitioners on the basis of Will allegedly executed by Chhotibai. It is not in dispute that order dated 25.08.2017 passed by Tahsildar has already been given effect and name of all the successors have been mutated.

3. Upon challenging the aforesaid orders in present M.P. No.4212/2019 this court vide order dated 04.09.2019 passed order of status quo which is continuing till now. In the meantime respondents 6-8 moved an application under section 178 of the Madhya Pradesh Land Revenue Code, 1959 (in short the ‘MPLRC’) for effecting partition, which vide order dated 27.01.2022 has been allowed and partition has been ordered, which is under challenge before SDO in appeal filed by the present petitioners namely Santosh Kumar and Vivek Kumar. Learned counsel for the petitioners submits that in presence of order dtd.04.09.2019 passed by this court, Tahsildar had no jurisdiction to pass order of partition and the respondents 6-8 suppressing the order of status-quo passed by this Court, got the land partitioned. He further submits that on the basis of Will he has already instituted a civil suit for declaration of title and permanent injunction, which is pending in which the respondents are also party.

4. Learned counsel for the respondents 6-8 submits that because in pursuance of order dated 04.09.2019 the petitioners did not pay the process fee within the stipulated time, therefore, the order dated 04.09.2019 came to an end and the respondents 6-8 bonafidely moved application under Section 178 of the MPLRC and the learned Tahsildar has rightly effected the partition and there is no illegality in the order of partition. He further submits that in the light of pendency of civil suit, nothing remains to be decided now by this Court with regard to the prayer of mutation made by petitioners on the basis of Will and he prays for dismissal of the petition.

5. Heard learned counsel for the parties and perused the record.

6. Undisputedly and as per settled legal position the Tahsildar has no right to decide the genuineness of Will. Accordingly, learned revenue courts have not committed any illegality in dismissing the application of mutation filed by petitioners on the basis of will, hence the impugned orders are upheld and this petition with regard to the mutation on the basis of Will deserves to be and is hereby dismissed, with the further observation that all the orders passed by revenue court with regard to mutation shall remain subject to final outcome of pending civil suit.

7. However, it is pertinent to mention that the order dtd.27.01.2022 passed by Tahsildar on the application under Section 178 of the MPLRC cannot be said to be a legal order in presence of order of status-quo passed by this Court on 04.09.2019 and the SDO before whom the appeal is pending against the order 27.01.2022 is free to decide the appeal on its own merits.

8. With the aforesaid observation, the misc. petition is disposed off.

(DWARKA DHISH BANSAL)

JUDGE ss